The Editorial Directive of Non-Repetition of Regulations – Selected Theoretical And practical Issues on the Example of Article 5 of the Civil Code and Article 8 of the Labour Code

The principles of legislative technique are directives that regulate the purposeful, rational and knowledge-based formulation of normative acts. Their primary purpose is to ensure the coherence and completeness of the system of law and the transparency of the texts of normative acts. Representatives of the literature on the subject, as a rule, unanimously emphasise that this objective is disturbed by unjustified repetitions. However, the practice of lawmaking shows that, on occasions, the legislator decides to shuffle repetitions in the texts of normative acts. Notable instances of such repetition are the provisions of Article 5 of the Civil Code and Article 8 of the Labor Code. The issues addressed in the article constitute interesting research problems due to the general prohibition of repetitions, resulting from the content of para. 4 of the Principles of Legislative Techniques.

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Teka Komisji Prawniczej PAN Oddział w Lublinie
Published
2024-12-23
DOI
https://doi.org/10.32084/tkp.9056
Primary Topic
Polish Law and Legal System
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article
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article

The Editorial Directive of Non-Repetition of Regulations – Selected Theoretical And practical Issues on the Example of Article 5 of the Civil Code and Article 8 of the Labour Code

Angelika Koman-Bednarczyk
Teka Komisji Prawniczej PAN Oddział w Lublinie
Polish Law and Legal System
article

The Editorial Directive of Non-Repetition of Regulations – Selected Theoretical And practical Issues on the Example of Article 5 of the Civil Code and Article 8 of the Labour Code

Angelika Koman-Bednarczyk
article en

Abstract

The principles of legislative technique are directives that regulate the purposeful, rational and knowledge-based formulation of normative acts. Their primary purpose is to ensure the coherence and completeness of the system of law and the transparency of the texts of normative acts. Representatives of the literature on the subject, as a rule, unanimously emphasise that this objective is disturbed by unjustified repetitions. However, the practice of lawmaking shows that, on occasions, the legislator decides to shuffle repetitions in the texts of normative acts. Notable instances of such repetition are the provisions of Article 5 of the Civil Code and Article 8 of the Labor Code. The issues addressed in the article constitute interesting research problems due to the general prohibition of repetitions, resulting from the content of para. 4 of the Principles of Legislative Techniques.

Teka Komisji Prawniczej PAN Oddział w LublinieVol. 17(2)
University of Economics and Innovation (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Polish Law and Legal System
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